HJ v Crédit agricole Corporate & Investment Bank

In the Opinion, AG Kokott advised the CJEU that, where the court of an EU Member State rules, after the end of the Brexit transition period, on facts that arose before that date, UK law transposing an EU directive must be interpreted in line with EU law and pre-transition CJEU case law, and must also “take due account” of post-transition CJEU case law.

Judgment from the CJEU is awaited.

Jason Pobjoy KC and Ava Mayer appeared on behalf of the United Kingdom in the CJEU.

A copy of the Advocate General’s Opinion is available here.